Debt, Administration and Child Support: When Is There Simply No Room?

You Are a Parent, But Financially on the Edge

The separation is behind you. The children are divided between two households. And then you, as a father or mother, receive the request: pay €842 per month in child support. But what if that is simply impossible? Not because you don't want to, but because the money isn't there?

This question was central to a ruling by the District Court of Zeeland-West-Brabant on 18 February 2026. The outcome is clear, but the reasoning provides important insights for anyone in a similar situation.

What Happened?

A father and mother had been in a relationship and had a daughter, born in 2012. After the relationship ended, the daughter lived with the mother. There were no court orders regarding child support or contact arrangements.

The mother asked the court to establish child support of €842 per month, an amount aligned with the assessed needs of the child. In itself a reasonable starting point.

But the father's situation was anything but normal. He had debts of approximately €190,000, was placed under protective administration due to problematic debts, and lived on limited living expenses of around €300 per week. His administrator managed his finances entirely.

What Did the Court Decide?

The court did not look at what the father could theoretically earn, but at what was actually happening now.

Tax returns for 2023 and 2024 showed an average business profit of just over €64,000 per year. On that basis, the court calculated a net income of approximately €3,982 per month. So far, it seems there is room.

But then come the debts. The court took into account the repayment obligations arising from the administration order: €1,013 per month. After deducting the social assistance standard and the debt burden, no financial capacity remained. The court rejected the child support request entirely.

The core reasoning: debts are not an excuse to evade responsibility, but they are also not an abstract item on a spreadsheet. If the actual financial room is absent, the court cannot artificially impose a contribution that cannot be paid.

What About the Contact Arrangement?

Alongside child support, contact with the daughter was also at issue. The father wanted extensive contact, weekends, overnights. The court chose a more cautious approach.

The daughter herself had indicated she wanted to see her father once every two weeks on Saturday, as long as he did not yet have his own home. The court followed her wish. Not an overfull arrangement, but room to grow when the situation allows.

That is an important signal: the best interests of the child come first, including when building contact after a difficult period.

What Are the Practical Lessons?

• Debts count towards financial capacity. A court looks not only at income, but also at what is actually available after repayment obligations and necessary costs. Under administration? That is a fact the court takes seriously.

• No capacity is not a final judgment. The ruling is a snapshot. If the financial situation improves, debts are paid off, administration ends, a new request for child support can be made. Parental responsibility does not disappear.

• Incomplete financial information works against you. The administrator could not provide well-substantiated figures for 2025. The court therefore fell back on the average profit from 2023 and 2024. Always ensure transparent and up-to-date financial documentation.

• The child's wishes carry significant weight. In setting the contact arrangement, the court explicitly took the daughter's voice into account. Courts take children seriously, even when they are young.

What If You Are in This Situation?

Is there a child support request on the table while you are dealing with debts, administration, or an unclear income as an entrepreneur? Do not wait. The way you present and substantiate your financial situation largely determines how the court will assess it.

Conversely: if you are the receiving party and notice that the other parent is keeping their financial situation opaque, there are legal avenues to demand greater transparency.

In both cases: good preparation and timely legal guidance make the difference.

Case Reference

This post is based on ECLI:NL:RBZWB:2026:1604.